Text: S.505 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in Senate (02/14/2019)


116th CONGRESS
1st Session
S. 505


To ensure due process protections of individuals in the United States against unlawful detention based solely on a protected characteristic.


IN THE SENATE OF THE UNITED STATES

February 14, 2019

Ms. Duckworth (for herself, Mr. Blumenthal, Mr. Booker, Mr. Durbin, Mrs. Feinstein, Ms. Harris, Ms. Hirono, Ms. Klobuchar, Mr. Markey, Mrs. Murray, Ms. Rosen, Mr. Schatz, Ms. Smith, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To ensure due process protections of individuals in the United States against unlawful detention based solely on a protected characteristic.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Korematsu-Takai Civil Liberties Protection Act of 2019”.

SEC. 2. Prohibition against unlawful detention.

Section 4001 of title 18, United States Code, is amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following:

“(b) Prohibition on detention based on protected characteristics.—

“(1) IN GENERAL.—No individual may be imprisoned or otherwise detained based solely on an actual or perceived protected characteristic of the individual.

“(2) DEFINITION.—In this subsection, the term ‘protected characteristic’ includes each of the following:

“(A) Race.

“(B) Ethnicity.

“(C) National origin.

“(D) Religion.

“(E) Sex.

“(F) Gender identity.

“(G) Sexual orientation.

“(H) Disability.

“(I) Any additional characteristic that the Attorney General determines to be a protected characteristic.

“(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to allow the Attorney General to remove a characteristic described in subparagraphs (A) through (H) of paragraph (2) from the definition of the term ‘protected characteristic’ under this subsection.”.